California Court of Appeal

Following judgment finding defendants jointly and severally liable for penalties pursuant to laws governing underground storage of hazardous substances, judgment against defendant is affirmed where the responsible corporate officer doctrine applies to Health and Safety Code section 25299(a)(6) of the tank laws and thus subjects to liability as an "operator" a corporate officer who had "a responsible share in the furtherance of the transaction which the statute outlaws", even where the corporation itself was also found to be the operator.

Appellate Information

• Decided 12/29/2008
• Published 12/29/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Gordon Burns, Deputy Solicitor General, Mary E. Hackenbracht, Senior Assistant Attorney General, Sara J. Russell, Supervising Deputy Attorney General, Tracy L. Winsor, Deputy Attorney General, as Amicus Curiae on behalf of State Water Resources Control Board.


• For Appellees:
  
• Bernheim, Gutierrez & McCready and William S. Bernheim, Dixon, for Defendant and Appellant John F. Roscoe., Gibson, Dunn & Crutcher, Brett H. Oberst and Patrick W. Dennis, Los Angeles, for Defendant and Appellant Ned F. Roscoe., Jan Scully, District Attorney, Albert C. Locher, Assistant District Attorney, Charles Gonzales, Supervising Deputy District Attorney, Elise Sumnicht, Deputy District Attorney, for Plaintiff and Respondent.